An amendment to the New Mexico Constitution will be on November's ballot for the first time in more than 30 years.

The amendment will reform the conditions of granting or denying bail in the state.

The proposed change is two-fold; it aims to broaden the circumstances in which a defendant can be denied bail, but also stipulates that defendants cannot be denied bail solely because they can't afford it.

"This is part of a national realization that we have a dysfunctional pretrial justice system," New Mexico Supreme Court Chief Justice Charles Daniels said. "The amount of money you have determines whether you'll get out or not."

Daniels, along with the other justices of the state's supreme court, support the amendment.

Currently, most New Mexicans are granted bail.

There are three circumstances under which bail may be denied: if the defendant is charged with a capital felony, has two or more felony convictions in New Mexico or is charged with a felony involving a deadly weapon and the defendant already has a felony conviction in the state.

The proposed amendment would allow bail to be denied to anyone charged with a felony and whom the prosecutor can prove poses a threat to the public.

Daniels and supporters of the amendment say the current system allows dangerous defendants to get out on bond and possibly commit more offenses.

"A bond doesn’t protect anybody," Daniels said. "Five dollars or five million dollars to a bondsman doesn’t keep you safe."

The amendment also states that non-dangerous defendants who do not pose a flight risk cannot be held before trial simply because they can't pay bail.

"Instead of using access to money as a determinant of who gets out and who stays in, we ought to use a more risk-based process," Daniels said.

Governor Susana Martinez is also in support of the amendment, saying it will keep dangerous individuals off the street.

"Having been a career prosecutor for 25 years, Governor Susana Martinez understands that we need to do more to keep dangerous, violent criminals off the streets and behind bars where they belong. That’s why, among other public safety initiatives that the Governor pushed for during the legislative session earlier this year, she worked to build and achieve bipartisan consensus on a constitutional amendment that allows judges to deny bail to the most dangerous offenders," Martinez spokesman Michael Lonergan said in an email. "The Governor urges New Mexico voters to adopt this amendment in November."

The proposed amendment passed the state House and Senate in February.

Aside from the moral implications of the amendment, Daniels said the change will also save taxpayer money.

A task force assigned to study the state of bail bond law in the state found that 40 percent of those incarcerated in the state are there merely because they cannot afford to get out.

Eddy County Detention Center Warden Billy Massingill said his facility doesn't have data on how many inmates are locked up because they can't post bail.

He did, however, say a recent survey found that if every resident of Eddy County paid taxes, they would each pay $190 a year in taxes to pay for incarcerated individuals.

"It'll probably help us," Massingill said of the amendment. "Indigents will be able to get out."

Gerald Madrid, president of the Bail Bond Association of New Mexico, said the amendment is the latest in a series of blows to the commercial bond industry.

"Our industry has financially been devastated because there are more and more unsecured bonds," said Madrid, who owns several bail bond offices around the state.

The Department of Justice under the Obama administration has encouraged a move away from cash bail and holding defendants who can't pay.

In August, the Department of Justice submitting a court filing that said incarcerating indigents just because they cannot afford bail is unconstitutional.

"Essentially what they’re trying to do is put us out of business," Madrid said.

Madrid said his association is, however, in support of the amendment that will be on the Nov. 8 ballot as Constitutional Amendment 1.

"I think citizens are tired of the violent crime happening around the state and country," he said.